The Death Penalty in the OSCE Area 83
ments of a fair trial and recalled that the initial imposition of the death penalty at the
conclusion of a trial in which the provisions of the ICCPR have not been respected
constitutes a violation of the right to life in Article 6 of the ICCPR.
On 27 March 2006, in a report on the situation in specific countries or territories,
the special rapporteur on the independence of judges and lawyers reiterated his serious concern about the generally deteriorating human rights situation in Uzbekistan.
He expressed particular concern regarding the conduct of the executive and prosecutorial authorities and the legislative framework in relation to the conduct of trials. He
stressed the need for in-depth reforms of the judiciary, including the role of prosecutors, judges, and lawyers in the judicial process.217
According to official sources, Uzbekistan received urgent requests concerning 31
individuals from the UN Human Rights Committee in 2003-2004. Fifteen individuals (Sh. Andasbaev, U. Eshov, I. Babajanov, M. Ismailov, M. Mirzaev, A. Uteev, O.
Ruzmetov, U. Ruzmetov, O. Makhmudov, N. Bazarov, O. Kupalov, B. Yusupov, J.
Madrakhimov, I. Sultanov, A. Karimov) had been executed before the requests were
received. Death sentences were commuted to different terms of imprisonment for
seven individuals (A. Kornetov, A. Isaev, N. Karimov, E. Gungin, F. Karaev, I. Karimov, S. Alisov). In the cases of nine individuals (F. Nasibulin, I. Khudaiberganov,
Sh. Juraev, F. Alimov, A. Buryachek, A. Tolipkhujaev, I. Ibragimov, Sh. Baibulatov, S.
Kadirov), execution of death sentences was suspended while the cases were pending
before the Clemency Commission under the Office of the President.218
In its concluding observations on the second periodic report submitted by Uzbekistan, the UN Human Rights Committee recalled that, in several cases, Uzbekistan
had executed prisoners under sentence of death while their cases were pending before
the Committee. The Committee reminded Uzbekistan that “disregard of the Committee’s requests for interim measures constitutes a grave breach of the state party’s
obligations under the Covenant and the Optional Protocol”.219
Pardon or commutation
Death sentences can be commuted to 25 years’ imprisonment.220 The cases of all
217
Report of the Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy, Addendum, Situation in specific countries or territories, E/CN.4/2006/52/Add.1, 27 March 2006, para. 297.
218
Note Verbale from the Permanent Mission of Uzbekistan to the Office of the UN High Commissioner for Human
Rights, E/CN.4/2005/G/21, 21 March 2005, para. 21.1.
219
Concluding observations of the Human Rights Committee: Uzbekistan, CCPR/CO/83/UZB, 26 April 2005,
para. 6.
220
Article 93 of the Constitution and Article 51 (3) of the Criminal Code. Regulation on the Procedure of Granting
Clemency in the Republic of Uzbekistan. Approved by Decree of the President of the Republic of Uzbekistan NYII-1839,
11 September 1997.
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